MENSAH vs. PENIANA

The plaintiff's claim in this case was for £G100 (¢240.00) "substantial" damages against the defendant for "destruction" and "damage" to his properties. Giving particulars of his claim in his writ the plaintiff stated that he was the owner of cocoa and coffee farms, and within these farms he had also cultivated palm trees. These farms were lying and situated at Wenyime-Awudome and known as and commonly called "Wenyime." The plaintiff further stated as follows: “The defendant about three weeks ago did without plaintiff's permission, consent and or knowledge fell down about 45 (forty-five) of those palm trees for the purpose of tapping. The defendant during the course of such unlawful act did cause damage also to plaintiff's cocoa and coffee trees much to the detriment of the plaintiff." The plaintiff also claimed an order of injunction against the defendant, his agents and labourers from continuing the act of trespass and from tapping the palm trees already felled by the ...